Who can be a witness in the Philippines

1. Qualification of Witnesses

Section 20. Witnesses; their qualifications. — Except as provided in the next

succeeding section, all persons who can perceive, and perceiving, can make their
known perception to others, may be witnesses.

Religious or political belief, interest in the outcome of the case, or conviction of a

crime unless otherwise provided by law, shall not be ground for disqualification. (18a)

Section 21. Disqualification by reason of mental incapacity or immaturity. — The

following persons cannot be witnesses:

(a) Those whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently making known their
perception to others;

(b) Children whose mental maturity is such as to render them incapable of

perceiving the facts respecting which they are examined and of relating them
truthfully. (19a)

Section 22. Disqualification by reason of marriage. — During their marriage, neither

the husband nor the wife may testify for or against the other without the consent of the
affected spouse, except in a civil case by one against the other, or in a criminal case
for a crime committed by one against the other or the latter's direct descendants or
ascendants. (20a)

Section 23. Disqualification by reason of death or insanity of adverse party. —

Parties or assignor of parties to a case, or persons in whose behalf a case is
prosecuted, against an executor or administrator or other representative of a deceased
person, or against a person of unsound mind, upon a claim or demand against the
estate of such deceased person or against such person of unsound mind, cannot testify
as to any matter of fact occurring before the death of such deceased person or before
such person became of unsound mind. (20a)

Section 24. Disqualification by reason of privileged communication. — The

following persons cannot testify as to matters learned in confidence in the following
cases:
(a) The husband or the wife, during or after the marriage, cannot be examined
without the consent of the other as to any communication received in
confidence by one from the other during the marriage except in a civil case by
one against the other, or in a criminal case for a crime committed by one
against the other or the latter's direct descendants or ascendants;

(b) An attorney cannot, without the consent of his client, be examined as to any
communication made by the client to him, or his advice given thereon in the
course of, or with a view to, professional employment, nor can an attorney's
secretary, stenographer, or clerk be examined, without the consent of the client
and his employer, concerning any fact the knowledge of which has been
acquired in such capacity;

(c) A person authorized to practice medicine, surgery or obstetrics cannot in a

civil case, without the consent of the patient, be examined as to any advice or
treatment given by him or any information which he may have acquired in
attending such patient in a professional capacity, which information was
necessary to enable him to act in capacity, and which would blacken the
reputation of the patient;

(d) A minister or priest cannot, without the consent of the person making the
confession, be examined as to any confession made to or any advice given by
him in his professional character in the course of discipline enjoined by the
church to which the minister or priest belongs;

(e) A public officer cannot be examined during his term of office or afterwards,
as to communications made to him in official confidence, when the court finds
that the public interest would suffer by the disclosure. (21a)